Fax Class Has a Blast, Still Standing

Who has standing to bring a claim for receiving a junk fax under the Telephone Consumer Protection Act (TCPA)? According to the Seventh Circuit, anyone who receives the fax. The holding sounds simple enough, and even purports to be based on the language — or the absence of it — in 47 U.S.C. § 227(b)(1)(C) of the TCPA. Chapman v. Wagener Equities, Inc., 2014 U.S. LEXIS 5962 (7th Cir. March 31, 2014). The Seventh Circuit found the argument so simple, it refused to grant a Rule 23(f) motion to review the order granting class certification. So if the answer is so obvious, why are the courts hopelessly divided? Here's what happened in Chapman.

Civil Rule 23 Requirements, Federal Class Action Law, Pre-Certification Motions